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AF | BCMR | CY2002 | 0201507
Original file (0201507.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01507
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the Reserve grade of major.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received a letter advising him that he was eligible for promotion in  the
Air Force Reserve but he never received any correspondence approving  and/or
acting upon the recommendation.

In support of his request applicant provided a personal statement, a  letter
transferring him to the honorary Air Reserve, his  promotion  recommendation
letter, and his Officer Reserve  Corps  appointment  letter.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant’s military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB reviewed applicant’s request and  recommends  denial.   DPB  states
that he was sent a letter dated 16 Apr 51 stating that he was  eligible  for
promotion and requested completion of the required forms.  At the  time  the
letter was sent to the applicant he had applied for  a  delay  in  reporting
for active military service.  He was granted the 179-day  delay  on  10  Apr
51.  On 29 Jun 51, he was notified that he  was  being  transferred  to  the
Inactive Air Reserve due to physical disability, and that  he  was  eligible
for transfer  to  the  Honorary  Air  Reserve  Section.   His  transfer  was
effective 12 Feb 52.

No officer is eligible for promotion while in an inactive  status.   The  29
Jun 51 assignment to the Inactive Air Reserve rendered  him  ineligible  for
promotion.  If he had returned the forms requested in the  letter  he  would
have been screened out  of  eligibility  due  to  his  pending  transfer  to
inactive status.  The DPB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  7  Jun
02 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  probable  error  or  injustice.   We  took  notice   of   the
applicant's  complete  submission  in  judging  the  merits  of  the   case.
However; we agree with the opinion  and  recommendation  of  the  Air  Force
office of primary responsibility that  based  on  the  policy  that  was  in
effect at the time, he did not meet the qualifications that would have  made
him eligible for promotion to major.  Therefore, we  adopt  their  rationale
as the basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  In the absence of evidence to  the  contrary,  we
find no basis upon which to favorably consider this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-01507  in
Executive Session on 7 Aug 02, under the provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. E. David Hoard, Member
      Mr. Clarence D. Long III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Apr 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 31 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Jun 02.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

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